Tuesday, February 13, 2018

Where

Students from each of the James H. Binger Center for New Americans Clinics will present on developments in immigration law related to their practice areas.

9:00

Registration and Coffee

9:30

The Case for Humanitarian Asylum: Preparing Your Past Persecution Asylum Claim in a Backlogged Immigration System

Facing extensive delays in resource-constrained immigration courts and in a time of uncertainty for Temporary Protected Status beneficiaries, asylum seekers may have to present their claims after conditions in their home country have changed. This session will provide an overview of the relief offered by humanitarian asylum, focusing specifically on the often-overlooked “other serious harm” prong. Participants will also learn best practices when presenting such claims before immigration adjudicators.

According to the Canadian government, the number of asylum seekers who illegally crossed the U.S. border into Canada more than tripled over the summer. Many attribute their decisions to mounting fear over the administration’s immigration posture. But does the welcoming sentiment expressed by Prime Minister Trudeau paint an accurate picture of the asylum process within the Canadian legal system? Presenters will provide an overview of the unique challenges that immigrants face when they choose to travel between the United States and Canada and seek relief.

With ICE detaining noncitizens at record levels, bond proceedings are a critical part of representing clients. This presentation will focus on the context and procedure of bond hearings and will then cover best practices to strategically preserve issues at the first stage of bond proceedings in order to challenge detention practices in later habeas proceedings. Participants will learn how to file petitions for habeas corpus, focusing on two specific types of claims: 1) challenges to the allocation of the burden of proof regarding dangerousness and risk of flight; and 2) failure by an immigration judge to consider a detainee’s ability to pay when setting bond.

New deportation policies have resulted in an uptick in detention of immigrants with prior orders of removal. This presentation will focus on educating practitioners about the use of motions to reopen in immigration court. Presenters will provide an overview of this litigation strategy including sample cases scenarios involving new asylum claims, changed family conditions, and changes in the law.